Florida Statute 910.3 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 910
JURISDICTION AND VENUE

View Entire Chapter

F.S. 910.03

910.03 Place of trial generally.—

(1) Except as provided in s. 910.035 or in subsection (2), criminal prosecutions shall be tried in the county where the offense was committed; but if the county is not known, the accused may be charged in two or more counties conjunctively, and before trial the accused may elect the county in which he or she will be tried. By his or her election, the accused waives the right to trial in the county in which the crime was committed. Such election shall have the force and effect of the granting of an application of the accused for change of venue from the county in which the offense was committed to the county in which the case is tried.

(2) After a court orders a change of venue and in order to protect the defendant’s due process rights, the court, upon a motion of any party, shall give priority to any county which closely resembles the demographic composition of the county wherein the original venue would lie.

(3) If a court finds that a fair and impartial jury cannot be impaneled in the county where the offense was committed, and the court determines that once a jury is selected it shall be sequestered, the court on its own motion, or upon a motion of any party, may elect to select a jury from a county other than where the offense was committed. The selection of the alternative county will be governed by the requirements of subsection (2). Upon completion of jury selection, the jury shall be brought for trial to the county where the offense was committed.

History.—s. 162, ch. 19554, 1939; CGL 1940 Supp. 8663(169); s. 75, ch. 70-339; s. 2, ch. 72-45; s. 1, ch. 93-225; s. 1, ch. 94-184; s. 1513, ch. 97-102.

F.S. 910.03 on Google Scholar

F.S. 910.03 on CourtListener

Amendments to 910.03

Annotations, Discussions, Cases:

Cases Citing Statute 910.03

Total Results: 17

Chandler v. State

848 So. 2d 1031, 2003 WL 1883682

Supreme Court of Florida | Filed: Apr 17, 2003 | Docket: 477175

Cited 29 times | Published

or Hillsborough County, Florida. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially

Collins v. State

197 So. 2d 574

District Court of Appeal of Florida | Filed: Mar 15, 1967 | Docket: 235303

Cited 9 times | Published

county where the crime was committed * * *." Section 910.03, Florida Statutes, F.S.A., provides that "[i]n

Sailor v. State

733 So. 2d 1057, 1999 WL 235883

District Court of Appeal of Florida | Filed: Apr 23, 1999 | Docket: 1659838

Cited 3 times | Published

transpired. The concurring opinion suggests section 910.03, Florida Statutes (1997), can be read as reflecting

Crittendon v. State

338 So. 2d 1088

District Court of Appeal of Florida | Filed: Oct 11, 1976 | Docket: 455385

Cited 3 times | Published

he will be tried." Art. I, § 16, Fla. Const.; § 910.03, F.S. 1975. The State, pointing to evidence that

State v. Stephens

586 So. 2d 1073, 1991 WL 93535

District Court of Appeal of Florida | Filed: Oct 17, 1991 | Docket: 1488077

Cited 2 times | Published

State, 488 So.2d 653 (Fla. 1st DCA 1986). [13] Section 910.03 would have authorized this trial in Seminole

State v. Losada

89 So. 3d 1104, 2012 WL 2120864, 2012 Fla. App. LEXIS 9477

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60308552

Cited 1 times | Published

Miami-Dade County charges. LEGAL ANALYSIS Section 910.03(1), Florida Statutes (2011), provides that

Chandler v. Crosby

454 F. Supp. 2d 1137, 2006 U.S. Dist. LEXIS 8258, 2006 WL 305918

District Court, M.D. Florida | Filed: Feb 8, 2006 | Docket: 2451620

Cited 1 times | Published

parties reached an agreement pursuant to Fla. Stat. § 910.03(1) (1993) to conduct the trial in Pinellas County

State of Florida v. Peter Washington, Jr.

District Court of Appeal of Florida | Filed: Feb 21, 2025 | Docket: 69660853

Published

in the county where the offense was committed.” § 910.03(1), Fla. Stat. (1985). But “[i]f the acts constituting

State of Florida v. Peter Washington, Jr.

District Court of Appeal of Florida | Filed: Feb 21, 2025 | Docket: 69660853

Published

in the county where the offense was committed.” § 910.03(1), Fla. Stat. (1985). But “[i]f the acts constituting

Debose v. State of Florida

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455315

Published

venue statutes are currently in Chapter 910. See § 910.03(1), Fla. Stat. (“[C]riminal prosecutions shall

ROY ALLEN STEPHENS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 20, 2019 | Docket: 16223261

Published

elected venue in Hamilton County pursuant to section 910.03(1), Florida Statutes (2016), and article I

State v. Kotecki

82 So. 3d 1150, 2012 Fla. App. LEXIS 3788, 2012 WL 751955

District Court of Appeal of Florida | Filed: Mar 9, 2012 | Docket: 2414652

Published

brought.") (emphasis added). A different statute, section 910.03, Florida Statutes (2010), covers venue in criminal

State v. Luis

949 So. 2d 277, 2007 Fla. App. LEXIS 1426, 2007 WL 397193

District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 64849280

Published

requirements of law resulting in irreparable harm. See § 910.03,. Fla. Stat. (2006); Fla. R.Crim. P. 3.151, 3

Leon v. State

695 So. 2d 1265, 1997 Fla. App. LEXIS 6726, 1997 WL 330614

District Court of Appeal of Florida | Filed: Jun 18, 1997 | Docket: 64774541

Published

those counties he will be tried.” Moreover, section 910.03, Florida Statutes (1995), adds to the constitutional

State v. Stephens

608 So. 2d 905, 1992 Fla. App. LEXIS 11448, 1992 WL 332655

District Court of Appeal of Florida | Filed: Nov 13, 1992 | Docket: 64692176

Published

State, 488 So.2d 653 (Fla. 1st DCA1986). . Section 910.03 would have authorized this trial in Seminole

Martin v. State

488 So. 2d 653, 11 Fla. L. Weekly 1146, 1986 Fla. App. LEXIS 7854

District Court of Appeal of Florida | Filed: May 16, 1986 | Docket: 64619376

Published

he will be tried, as provided in s. 910.03. Section 910.03, Florida Statutes, states: Except as provided

Murphy v. State

252 So. 2d 385, 1971 Fla. App. LEXIS 6011

District Court of Appeal of Florida | Filed: Sep 21, 1971 | Docket: 64522050

Published

reason supports such a contention. Florida Statute § 910.03, F.S.A. provides that criminal prosecutions shall